Knott v. Venable
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before Hon. Wn. S. Mudd. This action was brought by the appellee against the appellant ; was commenced on the 18th December, 1865, and was founded on a bill of exchange, of which the following is a copy: “$17,968 00 Tuskaloosa, March 18, 1865. At sight, pay to order of Dr. N. Venable, seventeen thousand nine hundred and sixty-three' dollars, on account purchase forty-eight bales cotton. (Signed,) R. P. Knott. To Capt.
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Appeal from the Circuit Court of Tuskaloosa. Tried before Hon. Wn. S. Mudd. This action was brought by the appellee against the appellant ; was commenced on the 18th December, 1865, and was founded on a bill of exchange, of which the following is a copy: “$17,968 00 Tuskaloosa, March 18, 1865. At sight, pay to order of Dr. N. Venable, seventeen thousand nine hundred and sixty-three' dollars, on account purchase forty-eight bales cotton. (Signed,) R. P. Knott. To Capt. John Scott, St. Michael street, Mobile, Ala.” The complaint also contained a count for $17,963 00, for forty-eight bales of…
1Opinion of the CourtJudge, J.
1. Scott, the drawee of the bill in this case, is not a party to this suit; and no question arises as to his liability on the alleged ground that Knott acted solely as his agent in making the purchase of the cotton, and in drawing the bill. Whether parol evidence might be received, and if so, to what extent, to fix such a liability upon Scott in an appropriate proceeding for that purpose, we need not now determine. The question is, as to the liability of the defendant below, as drawer, notwithstanding his agency, and whether the circuit court erred in the charge given relating to this…
2Cases cited11 opinions
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
- Crutcher v. Memphis & Charleston RailroadSupreme Court of Alabama · 1863
- Roney's Adm'r v. WinterSupreme Court of Alabama · 1861
- Crawford v. Branch of the Bank of Alabama at MobileSupreme Court of Alabama · 1844
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3Cited by3 opinions
- Donegan & Tabor v. WoodSupreme Court of Alabama · 1873
- Gwathmay v. ClisbyU.S. Circuit Court for the District of Southern New York · 1887
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883